界定医疗广告边界、优化审查主体、突破传统框架、规制新型乱象并构建闭环机制，需从制度与实践层 面破局。 随着互联网技术的飞速发展，医疗广告的传播形态正发生深刻变革。短视频科普中的隐性推介、第三方 平台的医院测评排序、医生个人账号的"软广"植入……这些新型医疗广告形式，既给患者获取医疗信息 带来便利，也因规避传统监管、误导就医决策等问题，对医疗广告审查管理体系提出严峻挑战。 2025年8月，国家市场监督管理总局、国家卫生健康委员会、国家中医药管理局联合发布的《医疗广告 认定指南》，为行业治理提供了新方向，但如何界定医疗广告边界、优化审查主体、突破传统框架、规 制新型乱象并构建闭环机制，仍需从制度与实践层面破局。 界定核心：从"发布者中心"转向"患者影响导向" 现行《医疗广告管理办法》将医疗广告定义为"依法设立的医疗机构利用各种媒介或者形式直接或间接 介绍医疗机构或者医疗服务的广告"，其逻辑聚焦于"谁发布""发布什么"，属于典型的"发布者中心主 义"。这种定义虽能覆盖传统广告，但在互联网时代已显滞后。当前大量医疗推介由第三方发布、以科 普名义呈现，形式上脱离医疗机构直接发布范畴，却对患者就医决策产生更直接的隐性影响 ...

Core Viewpoint - The release of the "Guidelines for the Identification of Medical Advertisements" by the State Administration for Market Regulation, the National Health Commission, and the National Administration of Traditional Chinese Medicine aims to clarify the boundaries between medical advertising, medical information, and health education, thereby enhancing the regulation of illegal medical advertisements [1][2]. Group 1: Clarification of Medical Advertising - The guidelines systematically clarify the distinction between medical advertisements and medical information, providing clear behavioral guidelines for all parties involved [2]. - Only legally established medical institutions are permitted to publish medical advertisements, which helps to curb misleading practices by "black hospitals" and "black doctors" [2]. - The guidelines specify that basic information published by medical institutions on their official platforms does not constitute advertising, while promotional claims about specific medical institutions in health education can be classified as disguised medical advertisements [2][3]. Group 2: Regulatory Collaboration - The guidelines delineate the responsibilities of the market regulation department and health departments, establishing a system for transferring leads and reporting situations [3]. - When illegal medical advertisements are discovered, health departments can take appropriate actions against the medical institutions involved, while incorrect medical information that does not qualify as advertising will be guided for rectification by health departments [3]. Group 3: Positive Impacts of the Guidelines - The introduction of the guidelines marks a significant step towards refined and standardized regulation of medical advertising in China [4]. - Regulatory authorities are provided with clear enforcement bases, reducing the risk of public misguidance by illegal advertisements and safeguarding the right to information [4]. - The implementation of the guidelines is expected to create a regulated and vibrant medical information ecosystem, ultimately protecting public health rights [4].

Core Viewpoint - The National Market Regulation Administration has intensified its regulatory efforts on medical advertising, particularly targeting fraudulent "miracle doctor" ads, and has introduced new guidelines to enhance enforcement and collaboration with relevant departments [1][2][3]. Regulatory Actions - In the first half of 2025, a total of 1,666 illegal medical advertising cases were investigated, resulting in fines totaling 12.78 million yuan [1]. - The administration has publicly exposed 30 typical cases of illegal advertising across various sectors, including medical beauty and medical devices [1]. New Guidelines - Two new guidelines were introduced: the "Medical Advertising Regulatory Work Guidelines" and the "Medical Advertising Recognition Guidelines," aimed at clarifying the principles and rules for medical advertising regulation [2][3]. - The "Medical Advertising Regulatory Work Guidelines" provide detailed regulations for enforcement, including specific illegal advertising behaviors and responsibilities for internet platforms [2]. - The "Medical Advertising Recognition Guidelines" define what constitutes medical advertising and emphasize that only legally established medical institutions can publish such ads [3]. Collaborative Efforts - The administration has strengthened inter-departmental collaboration, enhancing the effectiveness of medical advertising regulation through joint enforcement and information sharing [5][6]. - Local market regulation departments are actively cooperating with industry authorities to improve the regulatory outcomes of medical advertising [5]. Future Directions - The administration plans to guide local departments in promoting compliance among medical institutions regarding advertising practices and to continue researching complex regulatory issues [6].

Core Viewpoint - The recent issuance of the "Guidelines for Medical Advertising Recognition" by the State Administration for Market Regulation and other departments aims to strictly regulate medical advertising, prohibiting any entity or individual from publishing medical advertisements unless they are legally established medical institutions [1][2]. Group 1: Regulatory Framework - The guidelines clarify that only legally established medical institutions are allowed to publish medical advertisements, reinforcing the crackdown on misleading advertisements from unqualified "black hospitals" and "black doctors" [1][2]. - The guidelines also address the distinction between medical advertising and legitimate medical information disclosure or health education, providing clearer operational rules for regulation [2]. Group 2: Enforcement and Compliance - In the first half of 2025, market regulatory authorities handled 1,666 cases of illegal medical advertising, with fines totaling 12.78 million yuan [1]. - The guidelines emphasize the responsibilities of internet platforms in preventing and stopping the dissemination of illegal medical advertising [2]. - Future efforts will focus on guiding local market regulatory departments and industry authorities to promote compliance among medical institutions regarding advertising practices [3].

Group 1 - The core viewpoint of the articles emphasizes the increasing regulatory efforts by the State Administration for Market Regulation (SAMR) to oversee medical advertising, particularly targeting misleading "miracle doctor" ads [1][2] - The rapid growth in medical advertising volume has raised concerns about the dissemination of misleading information under the guise of health education, which poses risks to public safety [1][2] - SAMR, in collaboration with the National Health Commission and the National Administration of Traditional Chinese Medicine, has released the "Guidelines for Medical Advertising Recognition" to provide clearer and more actionable directives for combating illegal medical advertising [1][2] Group 2 - The regulatory focus on medical advertising has become a significant concern for both the industry and the public, especially as diverse healthcare needs have led to an increase in advertising activities by medical institutions [2] - The introduction of the "Guidelines for Medical Advertising Regulation" aims to address the illegal practices that harm the interests of the public while promoting a more responsible advertising environment [2]